(a) The owner, tenant or occupant of each lot or parcel of land within the city which abuts upon a street or other public way containing a sanitary sewer served or which may be served by the sewage disposal system and upon which lot or parcel a building has been or shall be constructed for residential, commercial or industrial use, shall within thirty (30) days after the placing of the sewage disposal system in operation and the construction of all connections thereto from such sanitary sewer, or within thirty (30) days after the construction of such building, connect such building with such sanitary sewer, and shall cease to use any other method for the disposal of sewage, sewage waste or other polluting matter.
(b) The owner shall be responsible to maintain, repair, and replace, as necessary all sewer laterals and appurtenances serving the owner's property, and which are not located within the city rights-of-way. The clearing of any blockages within the sewer lateral is included within this obligation.
(1) A sewer lateral is that portion of sewer pipe, which connects a structure to a sewer main. Appurtenances to the sewer lateral include, but are not limited to the fitting to which the owner's plumbing is connected, the clean-out and plug, and any markings or devices installed as an aid to locating the service connection.
(2) Except as provided in this section, any portion of the sewer lateral located within the city rights-of-way, once accepted by the city, is the responsibility of the city. All other portions of the sewer lateral are the responsibility of the property owner.
(3) Should the city determine that blockage in any portion of the sewer lateral has occurred as a result of root intrusion from a tree located on non-city property, the owner of the property where the tree is located shall reimburse the city for any costs and expenses incurred by the city in repairing or replacing the sewer lateral and restoring the streets, sidewalks, or other areas affected by the necessitated repair or replacement.
(4) No modification, repair or replacement of a sewer lateral within the public right-of-way shall be performed without the written consent of the city utility department.
(5) Nothing herein shall be construed to prohibit the city from performing any repairs or replacement of sewer laterals in the public rights-of-way.
(6) The city shall not be responsible for, nor will the city provide reimbursement for claims of costs incurred by property owners to clear blockages to any sewer lateral, including any and all damage within the residence or structure, without a written agreement, entered into prior to the commencement of any work on the sewer lateral.
(7) In the event of an emergency and in order to protect the public health and safety, the city may perform repairs to the sewer lateral on private property. Wherever possible, the city shall, at a minimum, make reasonable attempts to notify the property owner of the need for repairs to the sewer lateral. In the event the city performs repairs under this subsection, the city shall be entitled to reimbursement by the property owner of all costs and expenses incurred for such emergency work.
(Code 1958, § 23A-2; Ord. No. 04-074, § 2, 9-21-04; Ord. No. 13-032, § 2, 11-9-13)
